17A.13 - SUBPOENAS -- DISCOVERY.
17A.13 SUBPOENAS -- DISCOVERY.
1. Agencies have all subpoena powers conferred upon them by their
enabling acts or other statutes. In addition, prior to the
commencement of a contested case by the notice referred to in section
17A.12, subsection 1, an agency having power to decide contested
cases may subpoena books, papers, records and any other real evidence
necessary for the agency to determine whether it should institute a
contested case proceeding. After the commencement of a contested
case, each agency having power to decide contested cases may
administer oaths and issue subpoenas in those cases. Discovery
procedures applicable to civil actions are available to all parties
in contested cases before an agency. Evidence obtained in discovery
may be used in the hearing before the agency if that evidence would
otherwise be admissible in the agency hearing. Agency subpoenas
shall be issued to a party on request. On contest, the court shall
sustain the subpoena or similar process or demand to the extent that
it is found to be in accordance with the law applicable to the
issuance of subpoenas or discovery in civil actions. In proceedings
for enforcement, the court shall issue an order requiring the
appearance of the witness or the production of the evidence or data
within a reasonable time under penalty of punishment for contempt in
cases of willful failure to comply.
2. An agency that relies on a witness in a contested case,
whether or not an agency employee, who has made prior statements or
reports with respect to the subject matter of the witness' testimony,
shall, on request, make such statements or reports available to
parties for use on cross-examination, unless those statements or
reports are otherwise expressly exempt from disclosure by
Constitution or statute. Identifiable agency records that are
relevant to disputed material facts involved in a contested case,
shall, upon request, promptly be made available to a party unless the
requested records are expressly exempt from disclosure by
Constitution or statute. Section History: Early Form
[C75, 77, 79, 81, § 17A.13] Section History: Recent Form
83 Acts, ch 186, § 10006, 10201
Referred to in § 17A.9, 17A.17, 68B.31A, 421.17, 542.11